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Supreme Court Of India

(From Delhi)*

Hon'ble Judge(s): Kuldip Singh, N. Venkatachala, S. Saghir Ahmad , JJJ

Benami Transactions (Prohibition) Act (45 of 1988) , S.3(2), S.4(1)(2)— Prohibition to plea of benami - Not applicable to purchase of property by person in name of wife or unmarried daughter - However he has to prove that said property had not been purchased for their benefit in order to succeed. F.A.O. (OS) No. 280 of 1993, D/- 21-4-1994 (Delhi), Reversed. Neither the filing of suit nor taking of a defence in respect of either the present or past benami @page-SC2146 transaction involving the purchase of property by a person in the name of his wife or unmarried daughter is prohibited under sub-sections (1) and (2) of Section 4 of the Act. But, it has to be made clear that when a suit is filed or defence is taken in respect of such benami transaction involving purchase of property by any person in the name of his wife or unmarried daughter, he cannot succeed in such suit or defence unless he proves that the property although purchased in the name of his wife or unmarried daughter, the same had not been purchased for the benefit of either the wife or the unmarried daughter, as the case may be, because of the statutory presumption contained in sub-section (2) of Section 3 that unless a contrary is proved that the purchase of property by the person in the name of his wife or his unmarried daughter, as the case may be,....